1st Edition – Life Insurance Quarterly Newsletter

22 February 2016

We are delighted to welcome you to the first edition of the HWL Ebsworth Life Insurance Quarterly Newsletter.

With insurance lawyers in each mainland capital city, HWL Ebsworth has one of the largest insurance practices in Australia, dedicated to assisting clients in all aspects of insurance and reinsurance. Within the national practice group we have a team of partners and lawyers who specialise in life insurance and have market-leading expertise across all Australian jurisdictions.

As part of our focus on the life insurance industry, each quarter we will address a range of topics designed to provide industry stakeholders with an insight into legal and other industry developments across the nation.

In this inaugural edition we review the following topics:

Issues and trends in life reinsurance

Reinsurance capacity in the market, where are we now?

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S.29 decisions – Montclare and Hitchens

Two recent decisions illustrate how life insurers can successfully rely on s29(2) of the Insurance Contracts Act to avoid a policy for fraudulent misrepresentation or non-disclosure.

To read more click here.

The extent to which a life insurer is obliged to procure evidence

To what extent are life insurers required to investigate or seek additional evidence when assessing claims?

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Issues on the use of surveillance evidence

Surveillance evidence can be persuasive, especially when a plaintiff’s credit is in issue, but must be treated with caution given its sensitive nature and rules relating to pre-trial service.

To read more click here.

A reminder on the new duty of disclosure notices

New notices are now required to remind life insureds of their duty of disclosure.

To read more click here.

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